Wednesday 19 February 2020

UK Court: Sharia Marriages Not Valid Under English Law

In this mailing:
  • Soeren Kern: UK Court: Sharia Marriages Not Valid Under English Law
  • Elisabeth Sabaditsch-Wolff: The Intolerance of the "Tolerant" Left: The End of Liberal Democracy?

UK Court: Sharia Marriages Not Valid Under English Law

by Soeren Kern  •  February 19, 2020 at 5:00 am
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  • "We sought to inform the Court of Appeal that many minority women, especially Muslim women, are deceived or coerced by abusive husbands into only having a religious marriage, which deprives them of their financial rights when the marriage breaks down...." — Southall Black Sisters, an advocacy group for South Asian women, February 14, 2020.
  • In February 2018, an independent review of the application of Sharia law in England and Wales...recommended changes to the Marriage Act 1949 and the Matrimonial Causes Act 1973 that would require Muslims to conduct civil marriages before or at the same time as the nikah ceremony. This would bring Islamic marriage in line with Christian and Jewish marriage in the eyes of British law.
  • "The Assembly is concerned that the rulings of the Sharia councils clearly discriminate against women in divorce and inheritance cases." — Council of Europe (COE), January 2019.
  • As of now, neither the British governmentnor the British Parliament has introduced legislation that would require Muslims to conduct civil marriages before or at the same time as the nikah ceremony...[but] The court's decision effectively reaffirms the principle that immigrants who settle in Britain must conform to British law, rather than the other way around.
The Court of Appeal, the second-highest court in England and Wales after the Supreme Court, has ruled that the Islamic marriage contract, known as nikah in Arabic, is not valid under English law. Pictured: The Royal Courts of Justice in London, seat of the Court of Appeal. (Image source: Anthony M/Wikimedia Commons)
The Court of Appeal, the second-highest court in England and Wales after the Supreme Court, has ruled that the Islamic marriage contract, known as nikah in Arabic, is not valid under English law.
The landmark ruling has far-reaching implications. On the one hand, the decision strikes a blow against efforts to enshrine this aspect of Sharia law into the British legal system. On the other hand, it leaves potentially thousands of Muslim women in Britain without legal recourse in the case of divorce.
The case involves an estranged couple, Nasreen Akhter and Mohammed Shabaz Khan, both of Pakistani heritage, who took part in a nikah ceremony officiated by an imam in front of 150 guests at a restaurant in London in December 1998.

The Intolerance of the "Tolerant" Left: The End of Liberal Democracy?

by Elisabeth Sabaditsch-Wolff  •  February 19, 2020 at 4:00 am
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  • "Germany is witnessing the gradual erosion of democracy and the rule of law, a process that began in 2015 [during the migrant crisis] and which has become even more visible since and has ended in putsch against democracy." — Vera Lengsfeld, political analyst, February 7, 2020.
  • "The vote is unforgivable and must be reversed." — German Chancellor Angela Merkel, regarding a duly elected German state premier.
  • "Why bother exercising the right to vote when the 'wrong' choice can be annulled by the media and the chancellor through propaganda and veto?... Do we stand for democracy or for elections until the results suit the ruler?" — Dushan Wegner, political commentator, February 7, 2020.
  • Josef Hueber explains in a commentary how in a pseudo-democracy, elections mean voting until the result is "correct"...
  • We are presently faced with yet more politically-based show trials: of the parliamentarian Geert Wilders in The Netherlands and of Matteo Salvini in Italy. It is up to the population and voters to decide whether liberal democracy is worth fighting for.
When Speaker of the House Nancy Pelosi ripped up a copy of President Donald Trump's State of the Union address, she showed a disappointing lack of argumentative abilities. If tolerance is to mean anything, Pelosi and her fellow Democrats should have exhibited just that. Instead, she, as a role model, did the opposite by engaging in petty and irresponsible behavior. (Photo by Mandel Ngan/AFP via Getty Images)
We recently witnessed two events that indicated the possible demise of liberal democracy. The implications should frighten supporters of democratic forms of government in which individual rights and freedoms are officially recognized and protected, and the exercise of political power is limited by the rule of law.
The growing intolerance of many "left-wing" groups is apparent in the uproar of the democratic election of the state premier of the German state of Thuringia as well as in the performance of the Speaker of the US House of Representatives, Nancy Pelosi, publicly ripping up US President Donald J. Trump's State of the Union address. It was an official document that belongs not to her but to the public, and of which she was merely its custodian.

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